Gov't urged to reconsider opening temporary prisons for MCO

Activist group Eliminating Deaths and Abuse in Custody Together (Edict) has urged the government to reconsider opening temporary prisons to hold movement control order (MCO) offenders.

“Imprisoning MCO violators is a bad idea. Creating 13 new prisons is a really bad idea. They will be centres of much harm.

“Taxpayers will have to pay the awards handed out by the courts for wrongful deaths; money which could be put to much better uses,” Edict said in a statement today.

Though it was reported earlier that 13 of the Prisons Department’s correctional academies will be transformed into temporary detention centres, yesterday Defence Minister Ismail Sabri Yaakob said only 11 temporary prisons have been gazetted.

Edict shared their “grave concerns” about this decision, saying that this is a signal from the government to the judiciary that it expects to sentence thousands of MCO violators to imprisonment.

The group said there is much more to the running of a prison than just a building with walls, fences and locks.

“A prison is much more than buildings. Buildings are merely one part of a prison system. A prison needs more than walls, fences and locks.

“A prison must have medical examinations and registration at entry, uniforms and laundry arrangements, food provisions, provisions for detainees to take prescription medicines, health and safety provisions, monitoring provisions, visitor controls, trained staff and transport,” they said.

On top of that, hundreds of wardens will be required to operate the temporary prisons, who will need to undergo extensive training and testing, they said.

Edict then reminded that it is the government’s responsibility to take care of the welfare, health and safety of every prisoner.

“People who are imprisoned are prone to thoughts of suicide. Prison staff must be provided with all necessary means to detect and respond to suicidal behaviours and they must also be held accountable for any attempted suicides.

“There will be aggressive, violent individuals among the detainees. Fights may break out. 

"Prison staff must anticipate and prevent fights. They must isolate individuals as necessary,” they said.

Edict pointed out that judges often rule against prisons in cases of deaths in custody, such as in the case of Kamarulnizam Ismail who died in custody at the Tapah prison.

Later, 12 individuals and the government were found liable for causing his death.

Aside from all that, Edict also reminded the government that each prisoner to be placed in the temporary prison will have to be isolated until they are confirmed to be negative for Covid-19, as there will be no social distancing in the prisons.

If this is not done, the prisons will have new Covid-19 clusters, they warned.

“Edict again calls on the judiciary not to imprison MCO violators. Edict further reminds the judiciary and the government that sentencing is the prerogative of the judiciary, not the government,” they said. - Mkini